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2006 Supreme(Del) 445
High Court Of Delhi
HARVANS KUMARI - Appellant
Versus
SHARDA AGGARWAL - Respondent
Decided On : 03/07/2006
Important Points
Subject
Property Law - Rent Control
Headnote
Interest on Arrears of Rent - Rent Control Tribunal - The court set aside the judgment of the Rent Control Tribunal and remanded the matter for decision in accordance with law based on a contrary view taken by the High Court in a similar case.
Fact of the Case:
The case is an appeal against the judgment of the Rent Control Tribunal, which concurred with the Additional Rent Controller's decision to dismiss the eviction petition, holding that interest on arrears of rent is not part of rent.
Finding of the Court:
The court set aside the judgment and remanded the matter to the Tribunal based on a contrary view taken by the High Court in a similar case.
Issues: The issue was whether interest on arrears of rent should be considered as part of rent in an eviction petition.
Ratio Decidendi: The court considered a contrary view taken by the High Court in a similar case and decided to set aside the judgment of the Rent Control Tribunal.
Final Decision: The appeal was allowed, and the matter was remanded to the Tribunal for a decision in accordance with law. Parties were directed to appear before the Tribunal on a specified date.
( 1 ) C. M. (M) 113 of 1994 is directed against judgment dated 16. 9. 1993 passed by the Rent Control Tribunal (for short the Tribunal ) in r. C. A. No. 228 of 1992 whereby the learned Tribunal has, while adjudicating on an order in appeal dated 1. 4. 1992 passed by the Additional Rent Controller dismissing the eviction petition, concurred with the same and held that interest on arrears of rent is not part of rent.
( 2 ) COUNSEL for the petitioner has brought to my notice a judgment of this court in Ram Perkash vs. D. N. Srivastava, 2006 Rajdhani Law Reporter 58 where a contrary view has been taken by the High Court. In that view of the matter, the judgment under challenge is set aside. The matter is remanded to the Tribunal to decide in accordance with law.
( 3 ) C. M. (M) 113 of 1994 is allowed and disposed of. Parties to appear before the Tribunal on 16th March, 2006.
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